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IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Dilip Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 58436 of 2022
Decided On : 12-12-2022
Bail - Criminal Procedure - Summary: The court allowed the bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection with a case involving offences under Sections 304B, 498A, and 34 of the Indian Penal Code, 1860, and Section 3/4 of the Dowry Prohibition Act, 1961. The court considered the applicant's innocence, the lack of support from key prosecution witnesses, and the prolonged trial as grounds for granting bail without commenting on the merits of the case.
Fact of the Case:
The applicant filed the fourth bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection with a case involving offences under Sections 304B, 498A, and 34 of the Indian Penal Code, 1860, and Section 3/4 of the Dowry Prohibition Act, 1961.
Finding of the Court:
The court, after considering the arguments and material available on record, granted bail to the applicant without commenting on the merits of the case, citing the applicant's innocence, lack of support from key prosecution witnesses, and the prolonged trial as grounds for the decision.
Issues: The issues involved the applicant's innocence, lack of support from key prosecution witnesses, and the prolonged trial.
Ratio Decidendi: The court's decision was influenced by the applicant's innocence, lack of support from key prosecution witnesses, and the prolonged trial, leading to the grant of bail without commenting on the merits of the case.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail upon furnishing a personal bond and sureties, with the order effective till the end of the trial, subject to compliance with bail conditions and the risk of bail jump or breach of pre-conditions.
JUDGMENT
Vivek Agarwal, J. - This fourth bail application is filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No.801/2021 registered at Police Station Banda, District Sagar for the offence punishable under Sections 304B, 498A read with Section 34 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961.
2. It is submitted by learned counsel for the applicant that the applicant is innocent. He is falsely implicated in this case. Earlier three bail applications have been dismissed by this Court as withdrawn. He is in custody since 27.2.2022.
3. He is Jeth of deceased Pushpa. Father of deceased, namely Balkishan and brother of deceased, namely, Omkar Yadav so also sister of the deceased have been examined. They have not supported the prosecution case. All three have turned hostile. Mother of the deceased expired in 2015. The above-said prosecution witnesses have stated in categorical term that Pushpa was not keeping good health and was disturbed due to some problem of stomach. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
4. Learned Government Advocate for the State, in his turn, opposes the bail application and submits that there is one criminal case under Section 376 of the I.P.C against the present applicant.
5. After hearing learned counsel for the parties and considering the material available on record, this Court is of the opinion that this is a fit case to extend benefit of bail to the applicant. Hence, without commenting on the merits of the case, this bail application is allowed.
6. I t is directed that applicant Dilip Yadav be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each in the like amount to the satisfaction of the Trial Court for his appearance before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
7. Certified copy as per rules.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail based on changed circumstances and parity with co-accused, without expressing opinion on merits of the case.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court considered the compromise between the parties, the affidavit from the deceased's father, and the similarity to a co-accused who was granted anticipatory bail as influential factors in grant....
The change in circumstances, particularly the turning of family members as hostile witnesses, can influence the court's decision in granting bail.
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